49.02(5)(b)(b) A relief agency is not liable for health care services provided to a dependent person if the hospital provides the health care services to the person as uncompensated services required under 42 USC 291c.
49.02(5)(bm) (bm) A relief agency shall limit its liability for health care services funded by a relief block grant to the amount payable by medical assistance under subch. IV for care for which a medical assistance rate exists.
49.02(6g) (6g)Liability of recipients. No individual who receives health care services funded by a relief block grant may be liable for the difference between the costs of the services charged by the health care provider and the amount paid by the relief agency.
49.02(7) (7) Notification requirement. Whenever the department or a relief agency has reason to believe that a person receiving relief is engaging in conduct or behavior prohibited in ch. 944 or ss. 940.225, 948.02, 948.025 or 948.06 to 948.11 the department or relief agency shall promptly notify the law enforcement officials of the county thereof, including facts relating to such person's alleged misconduct or illegal behavior.
49.02(7m) (7m)Rules. The department shall promulgate rules regarding use of relief block grants. The rules shall include all of the following:
49.02(7m)(a) (a) Procedures that relief agencies shall follow in making eligibility determinations.
49.02(7m)(b) (b) Procedures for appealing eligibility determinations under s. 49.015. These procedures shall provide for notice, fair hearing and review.
49.02(7m)(c) (c) Procedures that relief agencies shall follow to obtain relief block grants under sub. (1).
49.02(7m)(d) (d) Standards for a waiver of any eligibility requirement under s. 49.015.
49.02(11) (11)Department of transportation records. A relief agency may use vehicle registration information from the department of transportation in determining eligibility for relief.
49.02 Annotation A county is liable under (5) for emergency services given a person who would be eligible for general relief even though that person refuses to apply therefor. Mercy Medical Center v. Winnebago County, 58 W (2d) 260, 206 NW (2d) 198.
49.02 Annotation Prerequisites for municipal liability under (5) discussed. Clintonville Community Hosp. v. Clintonville, 87 W (2d) 635, 275 NW (2d) 655 (1979).
49.02 Annotation Hospital has no duty to undertake credit investigation of apparently dependent patient prior to rendering medical services; county should investigate after receiving notice under (5). Trinity Memorial Hosp. v. Milwaukee, 98 W (2d) 220, 295 NW (2d) 814 (Ct. App. 1980).
49.02 Annotation County's income guidelines under sub. (9) upheld; there is no requirement that the county consider the applicant's level of need. Hiller v. Adams County, 166 W (2d) 1038, 480 NW (2d) 563 (Ct. App. 1992).
49.02 Annotation Sub. (5) (c) does not require the notice of emergency treatment to be signed by physician or require the form relating to a patient's residence to be notarized and does not deny coverage to an otherwise eligible person due to a provider's inability to submit a statement concerning the probable duration of treatment. Koller v. Pierce County DHSS, 187 W (2d) 1, 522 NW (2d) 240 (Ct. App. 1994).
49.02 Annotation A county's discretion as to times and amounts for relief payments under s. 49.01 (5m) does not preempt the mandate under s. 49.02 (1m) requiring written standards of need to determine the amount necessary to secure adequate housing. The county must provide housing whether in the form of money or actual shelter which is adequate for health and decency. Clark v. Milwaukee County, 188 W (2d) 171, 524 NW (2d) 382 (1994).
49.02 Annotation Counties may not require relief recipient to surrender auto title and plates as condition of receipt of assistance. 61 Atty. Gen. 313.
49.02 Annotation Liability for cost of providing medical care to indigent person under arrest discussed. 67 Atty. Gen. 245.
49.02 Annotation Section 53.38, 1987 stats., [now 302.38] is exclusively applicable in providing relief from medical and hospital care costs incurred by indigent prisoner while receiving emergency medical treatment in hospital. 69 Atty. Gen. 230.
49.02 Annotation Rights and obligations of hospitals, counties and individual patients under Hill-Burton Act discussed. 70 Atty. Gen. 24.
49.02 Annotation Welfare applicants are entitled to a statement of reasons and administrative hearing after their application for general welfare relief is denied. Alexander v. Silverman, 356 F Supp. 1179.
49.02 Annotation Duty of a private hospital to render emergency treatment. 1974 WLR 279.
49.025 49.025 Relief block grants to counties with a population of 500,000 or more; medical relief.
49.025(1) (1)Applicability. This section applies only to a county having a population of 500,000 or more.
49.025(2) (2)Amount of relief block grant.
49.025(2)(a)(a) If a county is eligible to receive a relief block grant in a year, the department shall pay to the county, in accordance with s. 49.031, from the appropriation under s. 20.435 (1) (bt), an amount for that year determined as follows:
49.025(2)(a)1. 1. The department shall determine the lesser of the following:
49.025(2)(a)1.a. a. For 1996, $17,600,000, and for each year thereafter, $16,600,000.
49.025(2)(a)1.b. b. For any year, 45% of the total amount expended by the county in that year as relief for health care services provided to dependent persons.
49.025(2)(a)2. 2. The department shall subtract from the amount determined under subd. 1. amounts paid to hospitals in that county under s. 49.45 (6y) and (6z) in that year. If the amount determined under this subdivision is less than zero, the amount of the relief block grant is $0.
49.025(2)(b) (b) In calculating the total amount expended by the county under par. (a), the department may exclude any amount expended as a result of a waiver determined to be inappropriate under rules promulgated by the department under s. 49.02 (7m) (d).
49.025(3) (3)Use of relief block grant funds. A county may use moneys received as a relief block grant only for the purpose of providing health care services to dependent persons. Notwithstanding s. 49.01 (2g), health care services may include treatment services for alcohol and other drug abuse.
49.025 History History: 1995 a. 27, 216.
49.027 49.027 Relief block grants to counties having a population of less than 500,000; medical and nonmedical relief.
49.027(1)(1) A pplicability. This section applies only to a county having a population of less than 500,000.
49.027(2) (2)Amount of relief block grant.
49.027(2)(a)(a) If a county is eligible to receive a relief block grant in a year, the department shall pay to the county, in accordance with s. 49.031, from the appropriation under s. 20.435 (1) (bu), an amount for that year determined as follows:
49.027(2)(a)1. 1. The department shall calculate an amount as follows:
49.027(2)(a)1.a. a. The department shall determine the total amount that the county was reimbursed under s. 49.035, 1993 stats., for general relief costs incurred in 1994.
49.027(2)(a)1.b. b. The department shall determine the total amount of general relief reimbursements that were paid under s. 49.035, 1993 stats., for costs incurred in 1994, to all counties that are eligible to receive a relief block grant under this section.
49.027(2)(a)1.c. c. The department shall divide the amount determined under subd. 1. a. by the amount determined under subd. 1. b.
49.027(2)(a)1.d. d. The department shall multiply the amount determined under subd. 1. c. by the amount appropriated under s. 20.435 (1) (bu) for relief block grants for that year.
49.027(2)(a)2. 2. The department shall calculate the sum of the following:
49.027(2)(a)2.a. a. For any year, 50% of the total costs incurred by the county for health care services provided to dependent persons as relief in that year.
49.027(2)(a)2.b. b. For any year, 40% of the total costs incurred by the county for cash benefits, and for services other than health care services, provided to dependent persons as relief in that year.
49.027(2)(a)3. 3. The department shall determine the lesser of the amount calculated under subd. 1. and the amount calculated under subd. 2.
49.027(2)(a)4. 4. From the amount determined under subd. 3., the department shall subtract amounts paid to hospitals in that county under s. 49.45 (6y) and (6z) for that calendar year.
49.027(2)(b) (b) In calculating the total costs incurred by the county under par. (a) 2., the department may exclude any amount expended as relief by the county in that year as a result of a waiver determined by the department to be inappropriate under rules promulgated by the department under s. 49.02 (7m) (d).
49.027(3) (3)Use of relief block grant funds. A county may use moneys received as a relief block grant to provide services only as follows:
49.027(3)(a) (a) To provide health care services to dependent persons.
49.027(3)(b) (b) If the county provides health care services to dependent persons, to provide cash benefits, or services other than health care services, to dependent persons.
49.027(4) (4)Work component. If a county provides cash benefits, or services other than health care services, as relief, the county may include a work component as part of its relief program funded under this section. If a county includes a work component under this subsection, the county may require a dependent person to participate in the work component as a condition for receiving cash benefits, or services other than health care services.
49.027 History History: 1995 a. 27, 417.
49.029 49.029 Block grants to tribal governing bodies; medical relief.
49.029(1)(1) A pplicability. This section applies only to tribal governing bodies.
49.029(2) (2)Amount and distribution of relief block grant. From the appropriation under s. 20.435 (1) (bs), the department shall distribute a relief block grant to each eligible tribal governing body in an amount and in a manner determined in accordance with rules promulgated by the department. The department shall promulgate the rules after consulting with all tribal governing bodies eligible for a relief block grant. In promulgating rules under this section, the department shall consider each tribe's economic circumstances and need for health care services.
49.029(3) (3)Use of relief block grant funds. A tribal governing body may use moneys received as a relief block grant only for the purpose of providing health care services to dependent persons. Notwithstanding s. 49.01 (2g), health care services may include treatment services for alcohol and other drug abuse.
49.029 History History: 1995 a. 27, 216.
49.031 49.031 Payment of relief block grants to counties.
49.031(1)(1)Filing of relief block grant report. Each county that is eligible for a relief block grant under s. 49.02 (1) in a year shall prepare a report, in accordance with rules promulgated by the department under s. 49.02 (7m) (c), detailing the costs incurred for relief provided to dependent persons in that year. The report shall be filed with the department by March 1 of the year immediately following the year in which the costs were incurred.
49.031(2) (2)Deadline for payment of relief block grants. The department shall pay a relief block grant to each eligible county by July 31 of the year immediately following the year for which the relief block grant is made or within 30 days after the effective date of the act that provides funding, for that year, for the appropriation from which relief block grant moneys are paid, whichever is later.
49.031 History History: 1995 a. 27.
49.08 49.08 Recovery of relief and other assistance. If any person is the owner of property at the time of receiving general relief under ch. 49, 1993 stats., relief funded by a relief block grant or other assistance as an inmate of any county or municipal institution in which the state is not chargeable with all or a part of the inmate's maintenance or as a tuberculosis patient provided for in ss. 58.06 and 252.07 to 252.10, or at any time thereafter, or if the person becomes self-supporting, the authorities charged with the care of the dependent, or the board in charge of the institution, may sue for the value of the relief or other assistance from the person or the person's estate. Except as otherwise provided in this section, the 10-year statute of limitations may be pleaded in defense in an action to recover relief or other assistance. Where the recipient of relief or other assistance is deceased, a claim may be filed against the decedent's estate and the statute of limitations specified in s. 859.02 shall be exclusively applicable. The court may refuse to render judgment or allow the claim in any case where a parent, spouse, surviving spouse or child is dependent on the property for support. The court in rendering judgment shall take into account the current family budget requirement as fixed by the U.S. department of labor for the community or as fixed by the authorities of the community in charge of public assistance. The records kept by the municipality, county or institution are prima facie evidence of the value of the relief or other assistance furnished. This section shall not apply to any person who receives care for pulmonary tuberculosis as provided in s. 252.08 (4).
49.08 Annotation Dependent of relief applicant incurs no liability to repay any portion of relief granted under the application. Claims against the recipient's estate are not limited to recovery of relief granted less than 10 years prior to death. In re Estate of Bundy, 81 W (2d) 32, 259 NW (2d) 701.
subch. III of ch. 49 SUBCHAPTER III
ECONOMIC SUPPORT AND WORK PROGRAMS
49.11 49.11 Definitions. In this subchapter:
49.11(1) (1) "Department" means the department of industry, labor and job development.
49.11 Note NOTE: 1995 Wis. Act 289, s. 275, authorizes the department of industry, labor and job development to use the name "department of workforce development" for any official purpose.
49.11(2) (2) "Secretary" means the secretary of industry, labor and job development.
49.11 History History: 1995 a. 27 ss. 2770, 9130 (4).
49.124 49.124 Food stamp administration.
49.124(1) (1)Definition. In this section, "food stamp program" means the federal food stamp program under 7 USC 2011 to 2029.
49.124(1m) (1m)Employment and training program.
49.124(1m)(a)(a) The department shall administer an employment and training program for recipients under the food stamp program. The department may contract with a Wisconsin works agency to administer the employment and training program under this section. Except as provided in pars. (b) and (bm), the department may require able individuals who are 18 to 60 years of age who are not participants in a Wisconsin works employment position, as defined in s. 49.141 (1) (r), to participate in the employment and training program under this section. To the extent permitted by federal law or waiver, and except as provided in par. (cm), the department may distribute food stamp benefits on a pay-for-performance basis, as determined under par. (c). The maximum number of hours an individual may be required to work may not exceed 40 hours per week.
49.124(1m)(b) (b) The department may not require an individual who is a recipient under the food stamp program and who is the caretaker of a child who is under the age of 12 weeks to participate in any employment and training program under par. (a).
49.124(1m)(bm) (bm) The department may not require an individual who is a recipient under the food stamp program to participate in any employment and training program under par. (a) if that individual is enrolled at least half time in a school, as defined in s. 49.26 (1) (a) 2., a training program or an institution of higher education.
49.124(1m)(c) (c) The amount of food stamp benefits paid to the recipient in a subsequent month shall be determined as follows:
49.124(1m)(c)1. 1. The department shall add the recipient's total number of hours of actual participation in the month to the total number of hours in a month for which the recipient had good cause, as defined by the department by rule, for not participating in required activities.
49.124(1m)(c)2. 2. The department shall subtract the total number of hours determined under subd. 1. from the recipient's total number of hours of required participation in that month.
49.124(1m)(c)3. 3. The department shall multiply the number of hours determined under subd. 2. by the federal minimum hourly wage under 29 USC 206 (a) (1).
49.124(1m)(c)4. 4. The department shall subtract the dollar amount determined under subd. 3. from the amount of food stamp benefits that the recipient's family would have received if he or she had participated for the total number of assigned hours.
49.124(1m)(cm) (cm) Notwithstanding par. (c), the amount of food stamp benefits paid to a recipient who is a participant in a Wisconsin works employment position under s. 49.147 (4) or (5) shall be calculated based on the pre-sanction benefit amount received s. 49.148.
49.124(1p) (1p)Waiver.
49.124(1p)(a)(a) The department shall request a waiver from the secretary of the federal department of agriculture to permit the application of par. (b). Paragraph (b) does not apply unless a waiver is granted and in effect.
49.124(1p)(b) (b) The department shall modify eligibility and benefit amounts under the food stamp program to provide for a graduated schedule of benefits based on income in the manner described in the waiver under par. (a).
49.124(2) (2)Liability for lost food coupons.
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